HARRISBURG — A building design firm is suing Lion Enterprises, Inc., Bastian Homes Ltd. and Eugene J. Bastian, home advertisers, builders and sellers, citing alleged copyright infringement.
Design Basics LLC filed a complaint on May 18 in the U.S. District Court for the Middle District of Pennsylvania against the defendants, alleging that they violated Copyright Act and the Architectural Works Copyright Protection Act.
According to the complaint, the plaintiff alleges that it has suffered and will continue to suffer damages unless and until defendants are restrained by the court. The plaintiff holds the defendants responsible because they allegedly published, distributed, marketed, and advertised certain architectural designs for residential homes similar to the plaintiff's Plan No. 2316 – Franklin – and Plan No. 6715 – Sycamore. The defendants allegedly violated and continue to violate the plaintiff's exclusive rights in each of the copyrighted works.
The plaintiff requests a trial by jury and seeks preliminary and permanent injunctions prohibiting the defendants from further infringing on its copyrighted works, an order directing the U.S. Marshals Service to impound all copies of the copyrighted works in possession of defendants, and an award for all damages, costs and reasonable attorney’s fees and for such other relief as it may show itself to be entitled. It is represented by Brian P. Downey of Pepper Hamilton LLP in Harrisburg, Paul J. Kennedy and Jay Dubow of Pepper Hamilton LLP in Philadelphia and Rick L. Lambert, Kelly D. Utsinger and Jennie C. Knapp of Underwood Law Firm PC in Amarillo, Texas.
U.S. District Court for the Middle District of Pennsylvania Case number 1:16-cv-00922
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